15D.1 - FORM OF COMPACT.
15D.1 FORM OF COMPACT.
The midwest nuclear compact, hereinafter called "the compact",
is hereby enacted and entered into with all other states legally
joining therein, in the form substantially as follows:
1. Article I -- Policy and purpose. The party states
recognize that the proper employment of scientific and technological
discoveries and advances in nuclear and related fields and direct and
collateral application and adaptation of processes and techniques
developed in connection therewith, properly correlated with the other
resources of the region, can assist substantially in the industrial
progress of the midwest and the further development of the economy of
the region. They also recognize that optimum benefit from nuclear
and related scientific or technological resources, facilities and
skills requires systematic encouragement, guidance, assistance, and
promotion from the party states on a cooperative basis. It is the
policy of the party states to undertake such cooperation on a
continuing basis. It is the purpose of this compact to provide the
instruments and framework for such a cooperative effort in nuclear
and related fields, to enhance the economy of the midwest and
contribute to the individual and community well-being of the region's
people.
2. Article II -- The board.
a. There is hereby created an agency of the party states to
be known as the "midwest nuclear board", hereinafter called
"the board". The board shall be composed of one member from each
party state designated or appointed in accordance with the law of the
state which the member represents, and serving and subject to removal
in accordance with such law. The law of each state also shall make
specific provision for the appointment of alternates who are
authorized and empowered to act for and on behalf of the board member
in the member's absence. The designating or appointing authority
promptly shall inform the board of the identity of its member
thereon, designated alternate or alternates, and changes therein. If
more than one alternate is designated, the designating authority also
shall inform the board of the order in which the alternates are
empowered to act.
b. The federal government may be represented on the board
without vote, if provision is made by federal law for such
representation.
c. The board members of the party states shall each be
entitled to one vote on the board. No action of the board shall be
binding unless taken at a meeting at which a majority of all members
representing the party states are present and unless a majority of
the total number of votes on the board are cast in favor thereof.
d. The board shall have a seal.
e. The board shall elect annually, from among its members, a
chairperson, a vice chairperson, and a treasurer. The board shall
appoint an executive director who shall serve at its pleasure and who
also shall act as secretary, and who, together with the treasurer and
such other personnel as the board may require, shall be bonded in
such amounts as the board may require.
f. Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the executive director,
with the approval of the board, shall appoint and remove or discharge
such personnel as may be necessary for the performance of the board's
functions.
g. The board may establish and maintain, independently or in
conjunction with any one or more of the party states, a suitable
retirement system for its full-time employees. Employees of the
board shall be eligible for social security coverage in respect of
old-age and survivors insurance provided that the board takes such
steps as may be necessary pursuant to federal law to participate in
such program of insurance as a governmental agency or unit. The
board may establish and maintain or participate in such additional
programs of employee benefits as may be appropriate.
h. The board may borrow, accept, or contract for the services
of personnel from any state or the United States or any subdivision
or agency thereof, from any interstate agency, or from any
institution, person, firm or corporation.
i. The board may accept for any of its purposes and functions
under this compact any and all donations, and grants of money,
equipment, supplies, materials, and services, conditional or
otherwise, from any state or the United States, or any subdivision or
agency thereof, or interstate agency, or from any institution,
person, firm, or corporation, and may receive, utilize, and dispose
of the same. Any arrangements pursuant to this paragraph or
paragraph "h" of this article shall be detailed in the annual
report of the board. Such report shall include the identity of the
donor, lender or contractor, the nature of the transaction, and the
conditions, if any.
j. The board may establish and maintain such facilities as
may be necessary for the transacting of its business. The board may
acquire, hold, and convey real and personal property and any interest
therein.
k. The board shall adopt bylaws for the conduct of its
business, and shall have the power to amend and rescind these bylaws.
The board shall publish its bylaws in convenient form, and shall file
a copy thereof, and of any amendment thereto, with the designated
agency or officer in each of the party states.
l. The board annually shall make to the governor and
legislature of each party state, a report covering the activities of
the board for the preceding year, and embodying such recommendations
as may have been adopted by the board. The board may issue such
additional reports as it may deem desirable.
3. Article III -- Finance.
a. The board shall submit to the governor or designated
officer or officers of each party state a budget of its estimated
expenditures for such period as may be required by the laws of that
jurisdiction for presentation to the legislature thereof.
b. Each of the board's budgets of estimated expenditures
shall contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. One-half of the total
amount of each budget of estimated expenditures shall be apportioned
among the party states in accordance with the ratio of their
populations to the total population of the entire group of party
states based on the last decennial federal census; one-quarter of
each such budget shall be apportioned among the party states in equal
shares; and one-quarter of each such budget shall be apportioned
among the party states on the basis of the relative average per
capita income of the inhabitants in each of the party states based on
the latest computations published by the federal census-taking
agency. Subject to appropriation by their respective legislatures,
the board shall be provided with such funds by each of the party
states as are necessary to provide the means of establishing and
maintaining facilities, a staff of personnel, and such activities as
may be necessary to fulfill the powers and duties imposed upon and
entrusted to the board.
c. The board may meet any of its obligations in whole or in
part with funds available to it under article II, paragraph "i"
of this compact, provided that the board takes specific action
setting aside such funds prior to the incurring of any obligation to
be met in whole or in part in this manner. Except where the board
makes use of funds available to it under article II, paragraph
"i" hereof, the board shall not incur any obligation prior to the
allotment of funds by the party jurisdictions adequate to meet the
same.
d. Expenses and other reasonable costs for each member of the
board in attending board meetings shall be met by the board.
e. The board shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the board shall be
subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by
the board shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and
become part of the annual report of the board.
f. The accounts of the board shall be open at any reasonable
time for inspection by duly authorized representatives of the party
states and by persons authorized by the board.
4. Article IV -- Advisory and technical committees. The
board may establish such advisory and technical committees as it may
deem necessary, membership on which may include representatives of
industry, labor, commerce, agriculture, medicine, health and
education; other professional, scientific, and civic groups and
interests; officials of local, state and federal government; and
representatives of the general public, and may cooperate with and use
the services of any such committees and the organizations which they
represent in furthering any of its activities under this compact.
5. Article V -- Powers. The board shall have power to:
a. Encourage and promote cooperation among the party states
in the development and utilization of nuclear and related
technologies and their application to industry and other fields.
b. Ascertain and analyze on a continuing basis the position
of the midwest with respect to the employment in industry of nuclear
and related scientific findings and technologies.
c. Encourage the development and use of scientific advances
and discoveries in nuclear facilities, energy, materials, products,
by-products, and all other appropriate adaptations of scientific and
technological advances and discoveries.
d. Collect, correlate, and disseminate information relating
to civilian uses of nuclear energy, materials, and products, and
other products and processes resulting from the application of
related science and technology.
e. Conduct, or cooperate in conducting, programs of training
for state and local personnel engaged in any aspects of:
(1) Nuclear industry, medicine, or education, or the promotion or
regulation thereof.
(2) Applying nuclear scientific advances or discoveries, and any
industrial, commercial or other processes resulting therefrom.
(3) The formulation or administration of measures designed to
promote safety in any matter related to the development, use or
disposal of nuclear energy, materials, products, by-products,
installations, or wastes, or to safety in the production, use and
disposal of any other substances peculiarly related thereto.
f. Organize and conduct, or assist and cooperate in
organizing and conducting, demonstrations or research in any of the
scientific, technological or industrial fields to which this compact
relates.
g. Undertake such nonregulatory functions with respect to
nonnuclear sources of radiation as may promote the economic
development and general welfare of the midwest.
h. Study industrial, health, safety, and other standards,
laws, codes, rules, regulations, and administrative practices in or
related to nuclear fields.
i. Recommend such changes in, or amendments or additions to
the laws, codes, rules, regulations, administrative procedures and
practices or local laws or ordinances of the party states or their
subdivisions in nuclear and related fields, as in its judgment may be
appropriate. Any such recommendations shall be made through the
appropriate state agency, with due consideration of the desirability
of uniformity but shall also give appropriate weight to any special
circumstances which may justify variations to meet local conditions.
j. Consider and make recommendations designed to facilitate
the transportation of nuclear equipment, materials, products,
by-products, wastes, and any other nuclear or related substances, in
such manner and under such conditions as will make their availability
or disposal practicable on an economic and efficient basis.
k. Consider and make recommendations with respect to the
assumption of and protection against liability actually or
potentially incurred in any phase of operations in nuclear and
related fields.
l. Advise and consult with the federal government concerning
the common position of the party states in respect to nuclear and
related fields.
m. Cooperate with the atomic energy commission, the national
aeronautics and space administration, the office of science and
technology, or any agencies successor thereto, any other officer or
agency of the United States, and any other governmental unit or
agency or officer thereof, and with any private persons or agencies
in any of the fields of its interest.
n. Act as licensee, contractor or subcontractor of the United
States government or any party state with respect to the conduct of
any research activity requiring such license or contract and operate
such research facility or undertake any program pursuant thereto,
provided that this power shall be exercised only in connection with
the implementation of one or more other powers conferred upon the
board by this compact.
o. Prepare, publish and distribute, with or without charge,
such reports, bulletins, newsletters, or other materials as it deems
appropriate.
p. Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention and
control of nuclear incidents in the area comprising the party states,
to coordinate the nuclear incident prevention and control plans and
the work relating thereto of the appropriate agencies of the party
states and to facilitate the rendering of aid by the party states to
each other in coping with nuclear incidents. The board may formulate
and, in accordance with need from time to time, revise a regional
plan or regional plans for coping with nuclear incidents within the
territory of the party states as a whole or within any subregion or
subregions of the geographic area covered by this compact. Any
nuclear incident plan in force pursuant to this paragraph shall
designate the official or agency in each party state covered by the
plan who shall coordinate requests for aid pursuant to article VI of
this compact and the furnishing of aid in response thereto. Unless
the party states concerned expressly otherwise agree, the board shall
not administer the summoning and dispatching of aid, but this
function shall be undertaken directly by the designated agencies and
officers of the party states. However, the plan or plans of the
board in force pursuant to this paragraph shall provide for reports
to the board concerning the occurrence of nuclear incidents and the
requests for aid on account thereof, together with summaries of the
actual working and effectiveness of mutual aid in particular
instances. From time to time, the board shall analyze the
information gathered from reports of aid pursuant to article VI and
such other instances of mutual aid as may have come to its attention,
so that experience in the rendering of such aid may be available.
6. Article VI -- Mutual aid.
a. Whenever a party state, or any state or local governmental
authorities therein, request aid from any other party state pursuant
to this compact in coping with a nuclear incident, it shall be the
duty of the requested state to render all possible aid to the
requesting state which is consonant with the maintenance of
protection of its own people.
b. Whenever the officers or employees of any party state are
rendering outside aid pursuant to the request of another party state
under this compact, the officers or employees of such state shall,
under the direction of the authorities of the state to which they are
rendering aid, have the same powers, duties, rights, privileges and
immunities as comparable officers and employees of the state to which
they are rendering aid.
c. No party state or its officers or employees rendering
outside aid pursuant to this compact shall be liable on account of
any act or omission on their part while so engaged, or on account of
the maintenance or use of any equipment or supplies in connection
therewith.
d. All liability that may arise either under the laws of the
requesting state or under the laws of the aiding state or under the
laws of a third state on account of or in connection with a request
for aid, shall be assumed and borne by the requesting state.
e. Any party state rendering outside aid pursuant to this
compact shall be reimbursed by the party state receiving such aid for
any loss or damage to, or expense incurred in the operation of any
equipment answering a request for aid, and for the cost of all
materials, transportation, wages, salaries and maintenance of
officers, employees and equipment incurred in connection with such
request: Provided that nothing herein contained shall prevent any
assisting party state from assuming such loss, damage, expense or
other cost or from loaning such equipment or from donating such
services to the receiving party state without charge or cost.
f. Each party state shall provide for the payment of
compensation and death benefits to injured officers and employees and
the representatives of deceased officers and employees in case
officers or employees sustain injuries or death while rendering
outside aid pursuant to this compact, in the same manner and on the
same terms as if the injury or death were sustained within the state
by or in which the officer or employee was regularly employed.
7. Article VII -- Supplementary agreements.
a. To the extent that the board has not undertaken an
activity or project which would be within its power under the
provisions of article V of this compact, any two or more of the party
states, acting by their duly constituted administrative officials,
may enter into supplementary agreements for the undertaking and
continuance of such an activity or project. Any such agreement shall
specify its purpose or purposes; its duration and the procedure for
termination thereof or withdrawal therefrom; the method of financing
and allocating the costs of the activity or project; and such other
matters as may be necessary or appropriate. No such supplementary
agreement entered into pursuant to this article shall become
effective prior to its submission to and approval by the board. The
board shall give such approval unless it finds that the supplementary
agreement or the activity or project contemplated thereby is
inconsistent with the provisions of this compact or a program or
activity conducted by or participated in by the board.
b. Unless all of the party states participate in a
supplementary agreement, any cost or costs thereof shall be borne
separately by the states party thereto. The board, if requested, may
administer or otherwise assist in the operation of any supplementary
agreement.
c. No party to a supplementary agreement entered into
pursuant to this article shall be relieved thereby of any obligation
or duty assumed by said party state under or pursuant to this
compact, except that timely and proper performance of such obligation
or duty by means of the supplementary agreement may be offered as
performance pursuant to the compact.
d. The provisions of this article shall apply to
supplementary agreements and activities thereunder, but shall not be
construed to repeal or impair any authority which officers or
agencies of party states may have pursuant to other laws to undertake
cooperative arrangements or projects.
8. Article VIII -- Other laws and relations. Nothing in this
compact shall be construed to:
a. Permit or require any person or other entity to avoid or
refuse compliance with any law, rule, regulation, order or ordinance
of a party state or subdivision thereof now or hereafter made,
enacted or in force.
b. Limit, diminish, affect, or otherwise impair jurisdiction
exercised by the atomic energy commission, any agency successor
thereto, or any other federal department, agency or officer pursuant
to and in conformity with any valid and operative Act of Congress;
nor limit, diminish, affect, or otherwise impair jurisdiction
exercised by any officer or agency of a party state, except to the
extent that the provisions of this compact may provide therefor.
c. Alter the relations between and respective internal
responsibilities of the government of a party state and its
subdivisions.
d. Permit or authorize the board to exercise any regulatory
authority or to own or operate any nuclear reactor for the commercial
generation of electric energy; nor shall the board own or operate any
nuclear facility or installation on a commercial or profit-making
basis.
9. Article IX -- Eligible parties, entry into force and
withdrawal.
a. Any or all of the states of Illinois, Indiana, Iowa,
Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North
Dakota, Ohio, South Dakota and Wisconsin shall be eligible to become
party to this compact.
b. As to any eligible party state, this compact shall become
effective when its legislature shall have enacted the same into law:
Provided that it shall not become initially effective until enacted
into law by six states.
c. Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall become
effective until two years after the governor of the withdrawing state
shall have sent formal notice in writing to the governor of each
other party state informing said governors of the action of the
legislature in repealing the compact and declaring an intention to
withdraw. A withdrawing state shall be liable for any obligations
which it may have incurred on account of its party status up to the
effective date of withdrawal, except that if the withdrawing state
has specifically undertaken or committed itself to any performance of
an obligation extending beyond the effective date of withdrawal it
shall remain liable to the extent of such obligation.
10. Article X -- Severability and construction. The
provisions of this compact and of any supplementary agreement entered
into hereunder shall be severable and if any phrase, clause, sentence
or provision of this compact or such supplementary agreement is
declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of this compact or such supplementary
agreement and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this
compact or any supplementary agreement entered into hereunder shall
be held contrary to the constitution of any state participating
therein, the compact or such supplementary agreement shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters. The
provisions of this compact and of any supplementary agreement entered
into pursuant hereto shall be liberally construed to effectuate the
purposes thereof. Section History: Early Form
[C73, 75, 77, 79, 81, § 8B.1] Section History: Recent Form
C93, § 15D.1
2008 Acts, ch 1032, §201
Referred to in § 15D.3